U.S. senators on Nov. 18 confirmed for the first time since the November election an appellate judge nominated by President Joe Biden.
In a partisan 49–45 vote, the Senate confirmed U.S. Magistrate Judge Embry Kidd to the U.S. Court of Appeals for the 11th Circuit.
All Democrats who voted, and the handful of independents who caucus with the Democrats, confirmed Kidd. All Republicans present voted against the nominee.
Sens. Mike Braun (R-Ind.), Steve Daines (R-Mont.), John Fetterman (D-Pa.), Bill Hagerty (R-Tenn.), Marco Rubio (R-Fla.), and JD Vance (R-Ohio) did not vote.
Because Democrats hold control of the Senate, the party can confirm judicial nominees without any Republican votes. But confirmation only comes with a majority of senators present or a tie. If all the Republicans had shown up to vote no, and Fetterman had still not been present, Republicans could have blocked the nomination….